Anonymous wrote:

Anonymous wrote:How old/heavy is your daughter that she could cause a concussion?

+1. Morbid curiosity I guess but I’m curious about this too. I have three little boys who are very wiggly and have been kicked but nothing close to a concussion. Id take her word for it and send those flowers but I also see why you’re doubtful. As a one time thing I would definitely let it go and assume it happened just as she said. If there has been a pattern of these types of things happening or you start to see one I might approach the situation with a bit more skepticism

Yes I totally see how it might have happened, but it seems coincidental on a Sunday ahead of a holiday week!! Also she sent a few short texts but no real explanation of if she’s got a concussion because of the situation with our DD or something else. She has been out a lot for the prior few weeks, including two days last week, she said it’s because her son was sick.

Anonymous wrote:That's strange but considering my husband got a concussion while playing with my son at a playground and my son accidentally running into/tackling his dad, I can definitely see how it's possible she did actually get a concussion from your daughter kicking her. I would choose to believe your nanny and tell her you're so sorry that happened and continue to pay her. I would not demand an explanation unless you need to for insurance purposes. Does it feel scammy to you because you don't trust your nanny or because you can't afford to have her gone right now/need her working and are therefore choosing not to believe her?

I totally understand that head injuries are random and also that the symptoms can come up a few days later. What I don’t understand is why she didn’t call me last week, or on Sunday evening, or even on Monday evening when she was leaving the ER after she claims she spent the whole day there, based on her texts it was from 4am to 8pm, to say that she has been diagnosed with a concussion due to the situation with our DD. It’s possible that she got another injury, we don’t actually know what’s going on. Her English isn’t great so I could call her and ask but I don’t always understand.
Also the last few weeks she’s worked a lot less because her son was sick. It’s frustrating because she’s new and she’s essentially a housekeeper who works when we’re not home, so I don’t actually interact with her that much. I don’t care as much that she’s not here this week as we don’t have any guests and we’re just relaxing for the holiday. But I’d like to better understand her position and also what my risk is.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Your daughter is 8 and the nanny was getting her dressed? Does she have special needs? Is that why you can't ask the 8 yo what happened? I'm a little confused.

Yes we asked DD and she said she didn’t remember. Then she said she was rushing and trying to get her socks on, they were both sitting on the floor and she accidentally put her foot up as nanny was bending down. The fact that DD didn’t remember makes me wonder how bad it could have been

I don’t know what to tell you. Even your own daughter told you what happened. What exactly are you afraid of? Getting sued or you don’t wanna pay your nanny this time off?

We pay her on the books and we have workers comp. But we also have an employment agreement and she’s not entitled to PTO until she’s worked for us for 12+ weeks, she started in September so it’s ten weeks now. I wouldn’t mind paying her for the week if she legitimately hurt herself in my home and she can explain the whole thing to me. But the whole thing has been so random and now it’s the holiday week and it’s possible that she’s taking the week off with family, or that she’s really sick.

Ask for documentation for her and son. Bit too bizzare. What did your child say.

My daughter couldn’t remember but when I asked her a few times she explained and showed me how it happened. She said she was sitting on the ground putting on her sock when nanny who was also sitting on the ground bent her head down to help DD as my DD was raising her foot.

Anonymous wrote:This is a workers’ comp matter. You need to report it to your insurance carrier. Depending on the jurisdiction, it’s pretty easy to make a claim. If you are in DC you can be subject to penalties if you don’t file a first report of injury and notice of controversion timely. Also, under workers’ comp, you are required to provide certain notices to your employee even if you don’t believe it happened. Thing about workers’ comp is that there is a presumption that what an employee says happened actually happened.

Call your carrier and report it now. You’re about to hit your first filing deadline.

Thank you. We called our insurance company and we’re waiting to hear back from them. If she went to the hospital and said she was injured at work then I think the claim comes directly to us? I’m not sure as we’ve never had a situation like this before

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Your daughter is 8 and the nanny was getting her dressed? Does she have special needs? Is that why you can't ask the 8 yo what happened? I'm a little confused.

Yes we asked DD and she said she didn’t remember. Then she said she was rushing and trying to get her socks on, they were both sitting on the floor and she accidentally put her foot up as nanny was bending down. The fact that DD didn’t remember makes me wonder how bad it could have been

I don’t know what to tell you. Even your own daughter told you what happened. What exactly are you afraid of? Getting sued or you don’t wanna pay your nanny this time off?

We pay her on the books and we have workers comp. But we also have an employment agreement and she’s not entitled to PTO until she’s worked for us for 12+ weeks, she started in September so it’s ten weeks now. I wouldn’t mind paying her for the week if she legitimately hurt herself in my home and she can explain the whole thing to me. But the whole thing has been so random and now it’s the holiday week and it’s possible that she’s taking the week off with family, or that she’s really sick.

You can ask her for documentation of the required time off in order to qualify or FMLA or workers comp. If you are in DC and paying her properly, she’s entitled to the time off if she can document it. Just ask her.

FMLA does not apply unless OP has a huge household staff.

This is a workers’ comp matter. You need to report it to your insurance carrier. Depending on the jurisdiction, it’s pretty easy to make a claim. If you are in DC you can be subject to penalties if you don’t file a first report of injury and notice of controversion timely. Also, under workers’ comp, you are required to provide certain notices to your employee even if you don’t believe it happened. Thing about workers’ comp is that there is a presumption that what an employee says happened actually happened.

Call your carrier and report it now. You’re about to hit your first filing deadline.

That's strange but considering my husband got a concussion while playing with my son at a playground and my son accidentally running into/tackling his dad, I can definitely see how it's possible she did actually get a concussion from your daughter kicking her. I would choose to believe your nanny and tell her you're so sorry that happened and continue to pay her. I would not demand an explanation unless you need to for insurance purposes. Does it feel scammy to you because you don't trust your nanny or because you can't afford to have her gone right now/need her working and are therefore choosing not to believe her?

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Your daughter is 8 and the nanny was getting her dressed? Does she have special needs? Is that why you can't ask the 8 yo what happened? I'm a little confused.

Yes we asked DD and she said she didn’t remember. Then she said she was rushing and trying to get her socks on, they were both sitting on the floor and she accidentally put her foot up as nanny was bending down. The fact that DD didn’t remember makes me wonder how bad it could have been

I don’t know what to tell you. Even your own daughter told you what happened. What exactly are you afraid of? Getting sued or you don’t wanna pay your nanny this time off?

We pay her on the books and we have workers comp. But we also have an employment agreement and she’s not entitled to PTO until she’s worked for us for 12+ weeks, she started in September so it’s ten weeks now. I wouldn’t mind paying her for the week if she legitimately hurt herself in my home and she can explain the whole thing to me. But the whole thing has been so random and now it’s the holiday week and it’s possible that she’s taking the week off with family, or that she’s really sick.

Ask for documentation for her and son. Bit too bizzare. What did your child say.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Your daughter is 8 and the nanny was getting her dressed? Does she have special needs? Is that why you can't ask the 8 yo what happened? I'm a little confused.

Yes we asked DD and she said she didn’t remember. Then she said she was rushing and trying to get her socks on, they were both sitting on the floor and she accidentally put her foot up as nanny was bending down. The fact that DD didn’t remember makes me wonder how bad it could have been

I don’t know what to tell you. Even your own daughter told you what happened. What exactly are you afraid of? Getting sued or you don’t wanna pay your nanny this time off?

We pay her on the books and we have workers comp. But we also have an employment agreement and she’s not entitled to PTO until she’s worked for us for 12+ weeks, she started in September so it’s ten weeks now. I wouldn’t mind paying her for the week if she legitimately hurt herself in my home and she can explain the whole thing to me. But the whole thing has been so random and now it’s the holiday week and it’s possible that she’s taking the week off with family, or that she’s really sick.

You can ask her for documentation of the required time off in order to qualify or FMLA or workers comp. If you are in DC and paying her properly, she’s entitled to the time off if she can document it. Just ask her.

Ok good idea thanks

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Your daughter is 8 and the nanny was getting her dressed? Does she have special needs? Is that why you can't ask the 8 yo what happened? I'm a little confused.

Yes we asked DD and she said she didn’t remember. Then she said she was rushing and trying to get her socks on, they were both sitting on the floor and she accidentally put her foot up as nanny was bending down. The fact that DD didn’t remember makes me wonder how bad it could have been

I don’t know what to tell you. Even your own daughter told you what happened. What exactly are you afraid of? Getting sued or you don’t wanna pay your nanny this time off?

We pay her on the books and we have workers comp. But we also have an employment agreement and she’s not entitled to PTO until she’s worked for us for 12+ weeks, she started in September so it’s ten weeks now. I wouldn’t mind paying her for the week if she legitimately hurt herself in my home and she can explain the whole thing to me. But the whole thing has been so random and now it’s the holiday week and it’s possible that she’s taking the week off with family, or that she’s really sick.

You can ask her for documentation of the required time off in order to qualify or FMLA or workers comp. If you are in DC and paying her properly, she’s entitled to the time off if she can document it. Just ask her.

My daughter is about that size and age and the only way she would do some damage is if she kicked me with all her little might. Maybe if nanny hit her head on her knee that would make more sense.

Anonymous wrote:If my 8 year old son kicked me in the head, I'd probably be dead.
I'd definitely ask for a doctor's note though.

My DD only weighs 50lbs so it’s possible she has a concussion but seems less likely.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Your daughter is 8 and the nanny was getting her dressed? Does she have special needs? Is that why you can't ask the 8 yo what happened? I'm a little confused.

Yes we asked DD and she said she didn’t remember. Then she said she was rushing and trying to get her socks on, they were both sitting on the floor and she accidentally put her foot up as nanny was bending down. The fact that DD didn’t remember makes me wonder how bad it could have been

I don’t know what to tell you. Even your own daughter told you what happened. What exactly are you afraid of? Getting sued or you don’t wanna pay your nanny this time off?

We pay her on the books and we have workers comp. But we also have an employment agreement and she’s not entitled to PTO until she’s worked for us for 12+ weeks, she started in September so it’s ten weeks now. I wouldn’t mind paying her for the week if she legitimately hurt herself in my home and she can explain the whole thing to me. But the whole thing has been so random and now it’s the holiday week and it’s possible that she’s taking the week off with family, or that she’s really sick.

If my 8 year old son kicked me in the head, I'd probably be dead.
I'd definitely ask for a doctor's note though.

Anonymous wrote:

Anonymous wrote:Your daughter is 8 and the nanny was getting her dressed? Does she have special needs? Is that why you can't ask the 8 yo what happened? I'm a little confused.

Yes we asked DD and she said she didn’t remember. Then she said she was rushing and trying to get her socks on, they were both sitting on the floor and she accidentally put her foot up as nanny was bending down. The fact that DD didn’t remember makes me wonder how bad it could have been

I don’t know what to tell you. Even your own daughter told you what happened. What exactly are you afraid of? Getting sued or you don’t wanna pay your nanny this time off?